SRC-VRA H.B. 1364 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1364
78R8491 KLA-DBy: Dukes (Ellis, Rodney)
Health & Human Services
4/24/2003
Engrossed


DIGEST AND PURPOSE 

Currently, emergency shelter facilities provide shelter and care to minor
mothers in emergency situations.  H.B. 1364 enables emergency shelter
facilities to provide shelter and care in emergency situations not only to
pregnant minors and minors with children, but also to minors without
children. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.201, Family Code, as follows:

Sec.  32.201.  New heading:  EMERGENCY SHELTER OR CARE FOR MINORS.  (a)
Authorizes an emergency shelter facility to provide shelter and care to a
minor and the minor's child or children, if any, rather than to a minor
mother who is the sole financial support of her child or children. 

  (b)  Makes a conforming change.

(c)  Prohibits shelter or care from being provided after the 15th day
after the shelter or care is commenced unless certain factors are met. 

SECTION 2.  Amends Subchapter C, Chapter 32, Family Code, by adding
Section 32.202, as follows: 

Sec. 32.202.  CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR.  (a)
Authorizes a minor to consent to emergency shelter or care to be provided
to the minor or the minor's child or children, if any, under Section
32.201(c) if the minor meets certain conditions. 
  
(b)  Provides that consent by a minor to emergency shelter or care under
this section is not subject to disaffirmance because of minority. 
 
(c)  Authorizes an emergency shelter facility to, with or without the
consent of the minor's parent, managing conservator, or guardian, provide
emergency shelter or care to the minor or the minor's child or children
under Section 32.201(c). 
 
(d)  Provides that an emergency shelter facility is not liable for
providing emergency shelter or care to the minor or the minor's child or
children if the minor consents as provided by this section, except that
the facility is liable for the facility's own acts of negligence. 
 
(e)  Authorizes an emergency shelter facility to rely on the minor's
written statement containing the grounds on which the minor has capacity
to consent to emergency shelter or care. 
  
 (f)  Provides that to the extent of any conflict between this section and
Section 32.003,  Section 32.003 prevails. 
 
SECTION 3. Makes application of this Act prospective.
 
SECTION 4. Effective date:  upon passage or September 1, 2003.